Presentation on copyright and open source materials for Daytona State College faculty

1. Cheryl Kohen and Rachel Owens
Daytona State College Library
Copyright and Open Source
for Education

2. What makes a textbook open?
A textbook becomes "open" when its
copyright-holder grants usage rights to
the public through an "open license,"
which typically includes the right to
access, reformat, and customize it at no
additional cost.

3. What do open textbooks look
like?
Open textbooks are similar to traditional texts,
but much more flexible. If desired, you can
create a custom version by editing it yourself
to match your classroom instruction. They
are available in both print and digital formats:
Online, at no cost.
Downloadable PDF, at no cost.
Print-on-Demand, typically for $20-$40.

4. Where to find open textbooks
OpenStax
Open Textbook Library
Open Textbooks SUNY
Orange Grove Text Plus

5. Other open resources
TED
MIT Open Courseware
OER Commons

6. Accessibility
Web Content Accessibility Guidelines (WCAG

7. Open Access Journals
DOAJ
Public Library of Science
Oxford Open

8. COPYRIGHT MEANS I CAN
COPY IT, RIGHT??
Copyright, Fair Use and Creative Commons

9. Copyright Explained
Copyright “consists of a bundle of
rights held by the author or
developer of an original work of
authorship.” (Stim, p. 215)
Copyright laws are one example of
exceptions to First Amendment right
to free speech – speech is
prohibited that would infringe on a
copyright

10. What is protected by copyright?
Any type of expression that can be
fixed in a tangible medium, such as:
Literary works
Audiovisual works
Computer software
Graphic works
Musical arrangements
Sound recordings

11. What is not protected by copyright?
The underlying facts, ideas or concepts
of expressive works
This allows similar works, as long as
original work itself is not copied or used
as a basis for later work
Fiction works are more likely to be
infringed upon, since they generally
contain more original expression than
nonfiction

12. Length of copyright protection
Protection begins the moment the
original work becomes fixed in a
tangible form
Protection lasts for the life of the
author plus 70 years or:
95 years from date of publication
or 120 years from date of creation
for employers or anonymous
authors

13. When is a work considered
“created?”
When it first becomes fixed in some
form
Drafts and other intermediate forms of
the work are protected just as the final
form is
Each new version of an original work is
considered a separate creation

14. Is registration of the work required?
No. “Putting a copyright notice on the
work and registering it with the U.S.
Copyright Office afford a copyright
owner additional protection, but neither
is required for basic copyright
protection.” (Stim, p. 222)

15. Public Domain
Any work that is not protected under
copyright law is in the public domain
These may be used by anyone without
obtaining permission from the creator or
his/her heirs

16. What works are in the public
domain?
Those published before 1923
Those which consist solely of
facts or ideas
Those deliberately placed in
public domain by copyright
owner
Those created by the federal
government

17. Works Made for Hire
Any work created by an employee within the scope of
employment
Scope of employment: the kind of work the employee is
paid to do, prepared “substantially” on work time,
prepared (at least in part) to serve the employer
The employer owns the copyright
For example:
A textbook you write on DSC time
Materials you create on DSC time for your courses
at DSC
These PowerPoint slides

18. Fair Use
Certain uses of a work do not require
permission from the copyright owner if
done for noncommercial reasons.
The Copyright Act authorizes any
person to make “fair use” of a work,
including making copies, for teaching,
scholarship or research.

19. Does your use qualify as Fair Use?
A court will consider four factors:
The purpose and character of the use
The nature of the copyrighted work
The amount and substantiality of the
portion used in relation to the work as a
whole
The effect of the use on the potential
market for or value of the work

20. Attribution
It is often assumed that copyrighted
material can be used as long as the
author is credited. This is not true.
Attribution does not itself qualify
your use as fair use.
“That being said, judges and juries
may take attribution into
consideration.” (Stim, p. 197)
Attribution is not required for public
domain works.

21. Copying by Instructors
Generally considered to be fair use
However, if taken to extremes, could destroy
the market for educational material
There is a set of guidelines for instructor
copying
They do not have force of law, but if copying
is done within the guidelines, a court is very
likely to consider copying done by an
instructor as fair use

22. Guidelines for Copying – Single
Copies
An instructor may make one copy of the
following items for use in teaching or
research:
A chapter from a book
An article from a periodical
A short story, essay, or short poem
A chart, graph, diagram, drawing, cartoon
or picture

23. Guidelines for Copying – Multiple
Copies
Multiple copies of the above items may
be made if:
The amount of material copied is
sufficiently brief
The copying is done spontaneously
The cumulative effect test is met
Each copy includes a notice of copyright
Students are not charged more than actual
cost of making the copies

24. What is “sufficiently brief?”
Poetry: 250 words or less
God in his wisdom made the fly
And then forgot to tell us why (Nash, 1959)
Prose: If original is < 2500 words,
may copy entire work. If original is
2500-4999 words, may copy up to
500 words. If original is >5000
words, may copy up to 1000
words or 10% of work, whichever
is less.
Illustrations: one chart, graph,
image, etc. contained in a book or
periodical

25. What is “spontaneously?”
Idea to copy must have been the instructor’s
and not that of administration, board, or other
higher authority
Idea to copy and the copies’ actual classroom
use must be so close in time that it would be
unreasonable to expect a reply to a request
for permission from copyright owner or
publisher

26. What is “cumulative effect?”
The cumulative effect test is met if:
Copying is for only one course in the
school where copies are made
Not more than one poem, article, story
or essay, or two excerpts from longer
works, are copied from the same
author, or three from the same
anthology
Not more than nine instances of
multiple copying for one course during
one term

27. Copyright notices on copies
A copyright notice must appear on all copies
made
This is usually accomplished by copying the
page of the work where the copyright
information appears
If not, the copyright notice must be added to
the copies in the exact same form as on the
original
© 2007 DBCC Public Broadcasting - All Rights Reserved. Privacy Policy

28. Prohibited Copying
Multiple copies may not be made:
To substitute for purchase of books,
reprints, or periodicals
To create anthologies or compilations
To substitute for or replace
“consumable” works (workbooks,
exercises, test booklets, etc.)
The same instructor may not copy
the same item from term to term.

29. Copyright and Fair Use Online
Fair use applies online just as it
does to hard copies.
Copies of electronic files can be
made, downloaded or printed out, as
long as:
They are for personal use
They are for educational or scholarly
use
They are for journalistic use

30. Email
Email is protected the same as a physical
letter – “to the extent that it is original…it is
fully protected by copyright the instant it is
fixed in a physical medium such as a
computer hard disk.”
The author of the email owns the content of
the message, unless created by an employee
in the scope of employment.

31. Creative Commons
Six Creative Commons licenses
Differing levels of restrictions on what
can and cannot be done with a CC-
licensed work
Explanation of levels of licensing

32. For more information…
Open Source
Copyright
kohenc@daytonastate.edu
owensr@daytonastate.edu

33. References
Ensor, P. (2000). The cybrarian’s manual 2.
Chicago: American Library Association.
Fishman, S. (2004). Copyright handbook:
how to protect and use written works (8th
ed.).
Berkeley, CA: Nolo.
Nash, O. (1959). Verses from 1929 on. New
York: Random House.
Stim, R. (2006). Patent, copyright and
trademark: an intellectual property desk
reference (8th
ed.). Berkeley, CA: Nolo.